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NY K82272




January 12, 2004
CLA-2-95:RR:NC:2:224 K82272

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a Shark Hunting and Feeding Toy from China

Dear Ms. Aldinger:

In your letter dated December 23, 2003, you requested a tariff classification ruling.

You are requesting the tariff classification on an item that is comprised of 3 plastic sharks, 3 plastic balls and a plastic fishing pole. The item is designated as item # 934582. The product is best used in a pool for swimming play. The proper classification will be as a toy representing an animal, and its accessories, in Chapter 95 of the HTS. You have not requested the return of your sample.

The applicable subheading for the Shark Hunting and Feeding Toy, item # 934582, will be 9503.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for toys representing animals or non-human creatures...and parts and accessories thereof. The rate of duty will be free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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